IBJNews

County small-claims courts could receive overhaul

Associated Press
May 2, 2012
Keywords
Back to TopCommentsE-mailPrint

Marion County's small-claims courts could get a thorough makeover after a report released Tuesday detailed "significant and widespread problems" with how they're run.

The courts, which are in each of the county's nine townships, handle civil disputes involving less than $6,000.

One of the proposals calls for them to be absorbed into the Marion Superior Court system, which would require a change to Indiana law. Two other plans call for less extensive reforms.

The report will go to the Indiana Supreme Court's rules committee and legislators for review this summer.

Indiana Court of Appeals Judge John Baker, who was on the task force, said the courts hadn't been operating under best practices, mostly because the system's setup was flawed. But he said he expects that to change.

"We're convinced that the present judges of the Marion County small-claims courts are totally committed to correcting that," he said. "The persons that are now in the system are going to make sure that the system does it right."

The task force, which the state's highest court appointed earlier this year after receiving complaints about the small-claims courts, held public hearings in February and March and did its own evaluation of the courts to determine the extent of the problems.

Bringing the small-claims courts into the Marion Superior Court system would eliminate several of those problems, according to the report.

The county would be responsible for funding the courts, and the judges would have full-time positions, so they couldn't practice law. The courts would have to follow more rules, and they would have to keep more detailed records of the proceedings. It also would eliminate forum shopping by attorneys seeking the most receptive courts for their cases and would bring Marion County in line with the state's other 91 counties, which don't have a separate small-claims court system.

However, Marion Circuit Judge Louis Rosenberg, an adviser to the county's nine small-claims court judges, said he questions whether legislators would approve that plan because they haven't supported previous proposals for township government reform.

"What I'm concerned about is getting as many of the recommendations in practice as soon as possible," Rosenberg said, "and I think the easiest way to do that is 'Plan B.' "

"Plan B" in the report would require legislative action but would keep the courts in the townships. It still would make small-claims court judges full-time employees and would allow the courts to control their budgets. They also would have to keep better records.

The third plan the task force proposed—measures guiding people through the small-claims process—will be implemented regardless of whether the other proposals succeed.

For people who have been through the small-claims system, even small changes are welcome.

Southside resident Jake Tyler said he was blind-sided when he went through the small-claims court system. An attorney for his apartment complex convinced him and his roommate they didn't have a strong argument in their dispute over carpet damage. Tyler said they didn't know their rights, so they conceded.

He said he would support any reform to make the process clearer and make the courts seem more professional.

"We didn't understand what was going on, and it just felt wrong," he said. "That was the most frustrating part."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

ADVERTISEMENT